DOJ lawyers faces sanctions in wiretapping case

In a long-fought case filed by an Islamic charity claiming it had been illegally wiretapped, the Judge seems to have reached the end of his rope regarding government delay and claims of “state secrets” to refuse discovery.

Government lawyers trying to fend off a much-watched warrantless wiretapping case in federal court now face sanctions and the possibility of a judgment that the United States committed illegal surveillance (pdf), following an order filed on Friday by Northern District of California Chief Judge Vaughn Walker (.pdf).

Walker, bringing to a head months of volleying between the government, the plaintiffs and himself, ordered Justice Department lawyers to explain why he should not essentially enter a default judgment against the government for violating the Foreign Intelligence Surveillance Act by spying on the Al-Haramain Islamic Foundation.

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